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CRUZ-MARTINEZ v. DEPARTMENT OF HOMELAND SEC.

No. 04-3271.

410 F.3d 1366 (2005)

Anibal CRUZ-MARTINEZ, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

June 7, 2005.

Attorney(s) appearing for the Case

Anibal Cruz-Martinez, of Carolina, Puerto Rico, pro se.

Doris Finnerman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and William F. Ryan, Assistant Director.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.

PROST, Circuit Judge.

Anibal Cruz-Martinez ("Cruz-Martinez") petitions for review of an arbitrator's decision that his grievance over his removal from the United States Department of Homeland Security ("DHS" or "agency")1 was not arbitrable. In the Matter of Arbitration Between AFGE Local 2698 and United States Dep't of Homeland Sec. Re: Anibal Cruz-Martinez, (Mar. 14, 2004) (Zigman, Arb.) ("Cruz-Martinez"). The arbitrator...

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